The costs of the state medical review panel are to be paid by the party in whose favor the panel opines. If the panel finds a material issue of fact, the costs of the panel are split among the parties. 40:1299.39.1(I)(5). If the claimant proceeds to file suit despite a unanimous panel opinion in favor of the defendant state health care providers, the claimant must post a cash or surety bond, approved by the court, in the amount of all costs of the state medical review panel. 40:1299.39.1(I)(3)(b).
